Results 11,141-11,160 of 18,761 for speaker:Michael McDowell

Written Answers — Road Traffic Offences: Road Traffic Offences (23 Mar 2006)

Michael McDowell: Road traffic legislation, in particular section 27 of the Road Traffic Act 2004, provides exemptions for the drivers of emergency vehicles from the application of restrictions, requirements and prohibitions imposed under the Road Traffic Acts generally. Such exemptions apply where the safety of a road user is not endangered. Bar the exemption provided by section 27, the typical reason for...

Written Answers — Road Traffic Offences: Road Traffic Offences (23 Mar 2006)

Michael McDowell: I am informed by the Garda authorities that the cancellation of an on-the-spot fine is a matter for the Garda district officer where the alleged offence was committed and is recorded locally at Garda district office level. Each Garda district office is subject to a bi-annual audit by the Garda divisional officer and may also be subject to an audit by the Garda internal audit unit.

Written Answers — Garda Equipment: Garda Equipment (23 Mar 2006)

Michael McDowell: Gardaí at roadside checkpoints do not have direct access to the PULSE system. However, the Garda information service centre has been established in Castlebar to centralise the inputting of data onto PULSE. A pilot of the centralisation of the input of data was extended to the entire southern region by the end of February 2006. This means that in the pilot area, gardaí no longer have to...

Written Answers — Road Traffic Offences: Road Traffic Offences (23 Mar 2006)

Michael McDowell: I am informed by the Garda authorities that there is no persistent offenders' task force dealing with traffic offenders. The Garda Síochána is committed to making all traffic offenders amenable for their actions, in particular, those who persistently commit breaches of driving regulations and other offences which impact on road safety. Through its enforcement activities the Garda Síochána...

Written Answers — Road Traffic Offences: Road Traffic Offences (23 Mar 2006)

Michael McDowell: I am informed by the Garda authorities that the legislation underpinning the fixed charge system requires a motorist who allegedly commits a fixed charge offence to be issued with a fixed charge notice. Before a prosecution may be instituted the person must have failed to pay the fixed charge notice within the statutory period. Statistics are not compiled in such a way as to identify the...

Written Answers — Road Traffic Offences: Road Traffic Offences (23 Mar 2006)

Michael McDowell: I am informed by the Garda authorities that statistics are not compiled in such a way as to indicate the number of speed checks carried out on motorways. The safety of Garda personnel operating the speed checks and the motoring public are a primary consideration when deciding where to locate a speed check.

Written Answers — Deportation Orders: Deportation Orders (23 Mar 2006)

Michael McDowell: The persons concerned, a husband and wife, arrived in the State on 25 April 2001 and 30 December 2000 respectively and applied for asylum. Their applications were refused following consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal. The persons referred to by the Deputy were informed, by letter...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: There is nothing to prevent a judge who is passing sentence from expressing an opinion of this kind. Hence, making a formal statutory provision for it would elevate it to an unnecessary degree of importance. While I have an enormous respect for the Judiciary, sometimes the opinions of its members on the question of mental treatment may or may not be correct. It is more appropriate that the...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I move amendment No. 32: In page 8, between lines 40 and 41, to insert the following: "(3) A woman found guilty of infanticide may be dealt with in accordance with subsection (1).".

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I have shown in this debate that I am quite prepared to accept views from Deputies Ó Snodaigh, Costello, Murphy and others. However, in this case, I do not agree with the Human Rights Commission. The existing wording strikes the balance properly between the welfare and safety of a detained person and that of the public. This amendment would attach more weight to the interests of the person...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: The Interpretation Act 2005 has since come into force and repeals the 1937 Act. The Parliamentary Counsel advises that it is unnecessary to make provision in this Bill for the inclusion of the word "affirmation". Section 21(1) of the 2005 Act states: In an enactment, a word or expression to which a particular meaning, construction or effect is assigned by Part 1 of the Schedule has the...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: However, the Deputy's point is that people should have an option not to take an oath even if they have a religious belief that would permit them to so do. It is much of a muchness. Does the Deputy want a person to opt for what, in his or her mind, is a second class declaration and to state that he or she believes in the oath but will only give an affirmation on this occasion? That is the...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: We could spend a day trying to research the law on this matter.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: Yes.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I agree that is the question but today is not the day to make that decision.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: At the next Private Members' time Deputy Costello can introduce a Bill.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: On one occasion a judge was trying to find out whether a child understood the meaning of the oath. He asked what was an oath and the child replied that it was a promise to God to tell the truth. The judge then asked what happens if one tells a lie having taken the oath and the child's reply was that one wins the case.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: Limbo was abolished recently.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: I carefully considered this amendment but I am still against it. It would hidebound the review board too much if it had to proceed by way of regulation the way Deputy Costello suggests. The board's procedures should be flexible and they should not be required to make regulations every time they lay down a procedure.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Michael McDowell: There is no provision as to what would happen to the regulations anyway. There are no supporting amendments. There are only orders at present and, therefore, there would be a technical problem with it in any event. As I stated on Committee Stage, I do not want to make the system difficult and have statutory instruments every time there is a small change in procedures operated by the review...